HomeMy WebLinkAbout1992-06-03; Planning Commission; Resolution 3401- .. * 0 0
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PLANNING COMMISSION RESOLUTION NO. 3401
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE OPERATION
OF A WORSHIP FACILITY WITHIN AN EXISTING
COMMERCIAL BUILDING IN THE POINSETTIA PLAZA ON
PROPERTY GENERALLY LOCATED ON THE SOUTH OF
POINSETTIA LANE BETWEEN INTERSTATE 5 AND AVENIDA
ENCINAS.
CASE NAME: CALVARY CHAPEL NORTH COAST
CASE NO: CUP 92-2
WHEREAS, a verified application has been filed with the City of Carlsbad
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 3rd day of June, 1992, hold a duly noticed public hearing to
consider said application on property described as:
Lot 7 of Parcel Map 15187, in the City of Carlsbad, County
of San Diego, State of California.
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard, said Commission
considered all factors relating to CUP 92-2.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES CUP 92-2, based on the following findings and subject to the following
conditions:
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Findings:
1. That the requested use is necessary or desirable for the development of the
community and is essentially in harmony with the various elements and objectives
of the general plan as it provides for a diversity of land uses within close proximity
to the residents of the City and provides for adequate off-street parking facilities,
and is not detrimental to existing uses or to uses specifically permitted in the zone
in which the proposed use is to be located since all necessary parking is provided
and the hours or operation are essentially different than the neighboring uses;
2. That the site for the intended use is adequate in size and shape to accommodate
the use as evidenced by the fact that the proposal meets all required ordinances,
including those involving adequacy of parking;
3. That all of the yards, setbacks, walls, fences, landscaping, and other features
necessary to adjust the requested use to existing or permitted future uses in the
neighborhood will be provided and maintained since all proposed improvements
can fit within the existing building without the need for expansion or extemal
modification;
4. That the street system senzing the proposed use is adequate to properly handle all
traffic generated by the proposed use because the traffic generated by the proposal
will be less than that generated by a commercial activity in the same building.
Conditions:
1. Approval is granted for CUP 92-2, as shown on Exhibits "A" - T', dated June 3,
1992, incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
2. This project is approved upon the express condition that building permits will not
be issued for development of the subject property unless the City Engineer
determines that sewer facilities are available at the time of application for such
sewer permits and will continue to be available until time of occupancy.
3. Water shall be provided to this project pursuant to the Water Service agreement
between the City of Carlsbad and the Carlsbad Municipal Water District, dated May
25, 1983.
4. Approval of this request shall not excuse compliance with all sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of
building permit issuance.
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5, This approval shall become null and void if building permits are not issued for this
project within one year from the date of project approval.
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PC RES0 NO. 3401 -2 -
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7.
This conditional use permit is granted for a period of five (5) years. This
conditional use permit shall be reviewed by the Planning Director on a yearly basis
to determine if all conditions of this permit have been met and that the use does
not have a significant detrimental impact on surrounding properties or the public
health and welfare. If the Planning Director determines that the use has such
significant adverse impacts, the Planning Director shall recommend that the
Planning Commission, after providing the permittee the opportunity to be heard,
add additional conditions to mitigate the significant adverse impacts. This permit
may be revoked at any time after a public hearing, if it is found that the use has
a significant detrimental affect on surrounding land uses and the public’s health
and welfare, or the conditions imposed herein have not been met. This permit
may be extended for a reasonable period of time not to exceed 5 years upon
written application of the permittee made no less than 90 days prior to the
expiration date. In granting such extension, the Planning Commission shall find
that no substantial adverse affect on surrounding land uses or the public’s health
and welfare will result because of the continuation of the permitted use. If a
substantial adverse affect on surrounding land uses or the public’s health and
welfare is found, the extension shall be considered as an original application for
Planning Commission may grant.
All parking for Calvary Chapel is restricted to Lots 7 and 8 of Parcel Map 15187,
and is prohibited in the shopping center parking area north and west of Buildings
H and I. The sum of the parking required for all uses within the Calvary Chapel,
as defined by Sections 21.44.030 and 21.44.050 of the Zoning Ordinance shall not
exceed 93 spaces during the hours of 7:OO AM to 6:OO PM, Monday through
Friday. Large assemblages within the auditorium are expressly prohibited during
these weekday hours.
a conditional use permit, There is no limit to the number of extensions the
17 8. All landscaped areas shall be maintained in a healthy and thriving condition, free
19 9. Any signs proposed for this development shall at a minimum be designed in
conformance with the City‘s Sign Ordinance and shall require review and approval
of the Planning Director prior to installation of such signs.
18 from weeds, trash, and debris.
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11.
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Pretreatment of the sanitary sewer discharge from this project may be required.
In addition to the requirements for a sewer connection permit the applicant shall
conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code.
The applicant shall apply for an industrial waste water discharge permit
concurrently with the building permit for this project.
No school or pre-school use shall occur between the hours of 7:OO AM to 6:OO PM,
Monday through Friday, with the exception of a 2 week summer vacation Bible
school.
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PC RES0 NO. 3401 -3-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of June, 1992, by the
following vote, to wit:
AYES: Chairperson Erwin, Commissioners: Schlehuber, Schramrn,
Noble, Welshons, Savary & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ATTEST:
TOM ERWIN, Chairperson
CAEUSBAD PLANNING COMMISSION
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u MICHAEL J. HOLZMELER
PLANNING DIRECTOR
PC RES0 NO. 3401 -4-